Media

Larry Downes writes for a variety of publications and is a frequent source for stories on innovation, strategy and law. Recent publications include:

“The Jailbreaking Exemption has its Limits”, CNET News.com, July 29, 2010. Larry analyzes the Copyright Office’s decision to grant copyright exemptions to cellphone “jailbreaking” and unlocking in this much-reprinted article from CNET. While noting subtle shifts in copyright law, Larry points out important limits to the decision that were left out of much of the reporting on the story. Larry’s blog essay on the subject was also excerpted by the influential Groklaw website as a top news pick for the week. It was also reprinted by New Media Rights.
“Government Drops the Ball on Patents”, The Wall Street Journal, July 19, 2010. Journal columnist Gordon Crovitz quotes from Larry’s blog and from “The Laws of Disruption” in an article lamenting the failure of patent law to catch up with developments in software innovation over the last fifty years.
“Reading the Bilski Tea Leaves for What the Supreme Court Thinks of Software Patents”, Techdirt, July 2, 2010. Techdirt quotes extensively from Larry’s blog on the Bilski decision. The question now is how the Supreme Court would respond to a more direct challenge to the patentability of software inventions, especially given the curious behavior of Justice Antonin Scalia.
“Court Punts on Patent Case”, Reason Magazine, June 29, 2010. Larry’s articles on the Bilski case formed the basis for this analysis from Reason Magazine’s Peter Suderman.
“The Economic Argument for Why Court’s Viacom Ruling Makes Sense”, Techdirt, June 28, 2010. Mike Masnick has some kind words about Larry’s economic analysis of the Viacom v. YouTube case, which generated some interesting reader responses.
“Supreme Court hedges on business method patents”, CNET News.com, June 28, 2010. Larry covered the Bilski decision for CNET, writing this much-reprinted article within hours of the decision.
“Patently Important”, Barron’s, June 19, 2010. (subscription required) Mark Veverka reviews the arguments in the Bilski case ahead of the Court’s decision, quoting extensively from Larry’s previous articles.
“State Senator Pushing For Law Against Online ‘E-personation’”, KTVU Fox News, June 10, 2010. Larry was interviewed on Bay Area Fox news to talk about California Senate SB 1411, which would criminalize impersonating another person online. See Larry’s analysis of the bill here.
“Does IT need to worry about the law?”, Techdirt, May 27, 2010. Larry was one of two featured speakers in a Techdirt webinar on what IT executives need to know about Internet security law. Watch an archive of the webinar here (free registration required).
“White House and Google: Cozy, as charged” Fortune, May 21, 2010. Larry’s reporting on net neutrality got some unfriendly (and incomplete) readings at the White House, as revealed in emails between Deputy CTO Andrew McLaughlin and executives at Google. The emails were revealed as part of an investigation into communications between McLaughlin and his former employer that the White House determined violated ethics rules. See additional coverage in The Washington Post and Bloomgberg.com
“Internet Regulation? That Is The Billion Dollar Question”, NextGenWeb, May 21, 2010. The good folks at NextGenWeb highlighted Larry’s commentary on broadband regulation and its impact on Internet business, calling him “one of the leading voices on broadband policy.”
“The Historical Arguments over the FCC’s Broadband Plan”, The Atlantic, May 14, 2010. Larry’s articles on the National Broadband Plan received national attention, including commentary in The Atlantic as well as from Mike Masnick on Techdirt.
“FCC Pushes for Net Neutrality and Internet Regulation: What Happens Next?”, Fast Company, May 6, 2010. Fast Company quotes Larry’s CNET article on reclassification in this critical review of the FCC’s plan to regulate broadband.
“Bug brings Facebook chat down”, The Examiner, May 5, 2010. Larry talks with The Examiner on the growing frustration over Facebook’s approach to user privacy, and the potential for federal intervention.
“FCC Action: Necessary Or The “9/11 For The Internet”? Experts Debate (Video)”, Techcrunch, May 5, 2010. With the FCC’s announcement to exercise its nuclear option on broadband regulation, Larry joined leading experts on Techcrunch TV to talk about what might happen next. See also Techdirt’s commentary on the program, and a review from The Atlantic.
“FCC Should Not Grab Title II Authority over Internet”, Info Tech and Telecom News, May, 2010. The Heartland Institute reprinted Larry’s CNET article on the risks of treating broadband as a Title II telephone service.
“Saving the Internet from the FCC”, Reason, April 28, 2010. Reason’s Peter Suderman quotes extensively from Larry in his critique of the FCC’s plan to regulate broadband Internet access.
“¿Quién manda en Internet?”, El Pais, April 22, 2010. Larry was interviewed for El Pais, Madrid’s largest-circulation daily newspaper, on net neutrality and the controversy over the FCC’s move to regulate broadband.
“Larry Downes on Internet ‘Reclassification’”, The Cato Institute, April 20, 2010. The Cato Institute’s Jim Harper reviews Larry’s articles and posts on the the Title II controversy.
“Reality check on ‘reclassifying’ broadband”, CNN, April 19, 2010. Larry’s provocative article on the legal realities of FCC Chairman Julius Genachowski’s plan to ‘reclassify’ broadband Internet to salvage proposed net neutrality rules–the nuclear option. See also commentary on the article from Mike Wendy’s Polisonic Blog.
“Rather Than Considering Information ‘Property,’ What About Looking At Productive vs. Destructive Uses?”, Techdirt, April 14, 2010. Techdirt’s Mike Masnick has kind words about Larry’s blog essay on what Google’s problems in China and with Viacom have in common.
“Second Circuit Affirms Dismissal of Tiffany’s Trademark Infringement Claim Against eBay”, JOLT Digest, April 9, 2010. Harvard Law School’s Journal of Law and Technology summarizes Larry’s analysis of eBay v. Tiffany’s.
“Our View: Stop Obama’s Net Neutrality Agenda”, The Colorado Springs Gazette, April 8, 2010. Larry was quoted in op-eds from several newspapers and websites on the risk that the FCC would turn to the “nuclear option” of reclassifying broadband in the event it lost the Comcast case. See editorials in The American Culture, Big Government, The Gaston Gazette, Enterprise Irregulars, The Jacksonville Daily News, Silicon Angle, The Orange County Register, and The New Mexico Freedom, among others.
“Care to Share Your Credit Card Statement?”, KALW Crosscurents, April 8, 2010. Larry was interviewed on public radio’s Crosscurents to talk about Blippy, a new service that lets users publish all their purchases directly to the Web. Privacy be damned!
“FCC Says F-C-C-Ya! to Net Neutrality”, Reason, April 6, 2010. Larry is quoted in this article evaluating the dramatic rejection of the FCC’s presumed authority over broadband in the Comcast case
“Uncommon Carriers”, The Orange County Register, April 4, 2010. Larry’s op-ed in the Register points out some of the reasons why Internet access has fared so well without FCC oversight, while traditional phone service has languished.
“Another win for eBay and e-Commerce”, Examiner.com, April 2, 2010. Larry is interviewed on eBay’s win in the Second Circuit in its on-going disputes with Tiffany’s over who is responsible for counterfeit and gray-market goods that eBay sellers offer.
“Right Balance? Google, China, and Unraveling Aftermath”, San Jose Examiner, Mar. 24, 2010. Larry is quoted in this article reviewing Google’s decision to leave mainland China rather than continuing to censor search results.
“By Standing up to China, Google Returns to its Roots”, The Christian Science Monitor, Mar. 23, 2010. Larry is quoted extensively in this article reviewing Google’s decision to leave mainland China rather than continuing to censor search results. He notes that Google lost little financially in the short term, though left off from the quote was a recognition that company was still in the early stages of investing in what remains a critical future market for Internet services.
“Don’t Regulate Broadband Internet”, The Orange County Register, Mar. 17, 2010. Larry’s article on Net Neutrality and the problems of FCC jurisdiction was reprinted in The Orange County Register.
“Venezuela Debates Internet Regulation”, CNN, Mar. 17, 2010. Larry appears on CNN World to discuss recent posturing by Venezuela President Hugo Chavez indicating growing frustration with the “free press” of the Internet. Will Venezuela move to a more restrictive approach, and if so at what cost?
“Net Neutrality Would End Innovation, Not Preserve it,” The Hill, March 15, 2010. Larry’s op-ed on the non-neutral reality of proposed Net Neutrality rules. In the development of Killer Apps, why should brick-and-mortar communications providers be prohibited from innovating?
“What’s in a Title? For Broadband, it’s Oz v. Kansas”, CNET News.com, Feb. 11, 2010. In a long article published in CNET, Larry reviews the parallel histories of Titles I and II of the Communications Act of 1996. As advocates gear up to convince the FCC to try regulating broadband Internet under Title II, it’s worth remembering how much better life has been under Title I.
“Apple’s Patent Attack: This Too May be Overhyped”, E-Commerce Times, Mar. 5, 2010. Larry is quoted in this article on Apple’s patent lawsuit against rival mobile device maker HTC, pointing out that patent protection is only part of what gives the company a competitive advantage in the market. The network effects from the remarkably-successful apps store is worth more, and needs no legal protection to maintain.
“The Laws of Disruption,” NPR’s The Conversation, Mar. 3, 2010. Larry was the guest of The Conversation’s Ross Reynolds to talk about “The Laws of Disruption” and some of the most difficult problems at the intersection of innovation and the law.
“Talk at Microsoft Research”, Microsoft Research, Feb. 28, 2010. Larry’s talk at Microsoft Research is now available.
Google Italy convictions and the fate of immunity laws, BBC World News, Feb. 24.2010. Larry spoke to BBC World News anchor Katty Kay about what was really behind the conviction in absentia of senior Google executives in an Italian court over a controversial video uploaded to the company’s site.
“Gripes over Google Books go Technical”, CNET News.com, Feb. 11, 2010. Larry notes that the Justice Department’s objections to the final version of the Google Books settlement, now under advisement by the judge in the case, shifted ever-so-significantly to the merely technical. Is the government conceding the settlement is a done deal?
“NHPR: Word of Mouth”, New Hampshire Public Radio, Feb. 1, 2010. Larry spoke with Word of Mouth’s Virginia Prescott about the failing relationship between innovation and the legal system.
“First Friday Book Synopsis”, Robert Morris, Jan. 28, 2010. An excerpt from Larry’s interview with Robert Morris, business book review extraordinaire.
“At stake in broadband push: Wireless Spectrum”, CNET News.com, Jan. 22, 2010. In a final article based on material from CES, Larry writes about a looming crisis in broadband spectrum, and plans by the government to consider a wide range of solutions to free up allocated bandwidths as well as make better use of existing allocations. But no one will give up their spectrum without a fight.
“New year, new policy push for universal broadband”, CNET News.com, Jan. 21, 2010. More from CES. Larry reports on the new push for universal broadband access, sure to be a major feature of the forthcoming National Broadband Plan, due out in March.
“Authors @ Google: Larry Downes”, Google, Mountain View, Jan. 12, 2010. Click here to view Larry’s talk at Google headquarters on “The Laws of Disruption”.
“Stanford Fellow Says White House Retreating on Net Neutrality”, NextGenWeb, Jan. 9, 2010. One of several interviews Larry gave at CES regarding his Net Neutrality post on CNET during the conference.
“Why the White House is Backing Away from Net Neutrality”, CNET News.com, Jan. 8, 2010. Larry’s provocative post from the 2010 Consumer Electronics Show. noting a changing tone from White House and FCC officials on the commitment to strong net neutrality regulation, was widely reported, including by CBS News, The National Review, and The Daily Kos.
“Seattle Town Hall: Catching up With Technology”, Seattle Channel, Jan. 5, 2010. Larry spoke at Seattle’s historic Town Hall, introducing “The Laws of Disruption” and fielding a wide range of questions from the audience. The complete program is available from the Seattle Channel. Click here to view.
2009
“The Winter of Our Content,” The Hill, December 21, 2009. Larry’s op-ed on the paranoia surrounding Comcast’s acquistion of NBC Universal drew from themes in “The Laws of Disruption.”
“FTC’s new Strategy: Kick ‘Em When They’re Down,”, CNET News.com,December 17, 2009. Larry’s perspective piece on the FTC’s decision to charge Intel with anti-competitive practices questioned the timing and motivation of the agency.
“Note to Silicon Valley: How not to Manage Privacy,”, CNET News.com,December 11, 2009. Larry reviews recent problems in privacy policy, from Google to Facebook.
“Government is holding back Telecom Innovation,” IT & Telecom News, December, 2009. Larry and IT&Telecom News editor James G. Lakely talk about The Law of Disruption, Net Neutrality, and the problems of infrastructure regulation.
“The Laws of Disruption” (audio podcast), Perseus Books Audio Podcast,December, 2009. Larry talks with Perseus Books’ Wesley Weisberg about “The Laws of Disruption” and the main themes of the book.
“The 10 Most Important Info-Tech Policy Books of 2009,” Technology Liberation Front, December, 2009. The Progress and Freedom Foundation’s Adam Thierer named “The Laws of Disruption” his favorite policy book of 2009.
“The Best IT-Business Books of 2009,” CIO Insight, December, 2009. The Laws of Disruption was named one of the best IT-Business Books of 2009.
“Two Cheers for Google Books,” CNET, November 16, 2009. Larry’s support for the Google Books Settlement following its revision highlights the real source of objections to the original: the out-of-control copyright system. The settlement would bring back to life millions of out-of-print books, but that forest is getting lost in the trees of a variety of interested third parties with competitive, regulatory, or just plain loopy axes to grind.
“Can You Patent a Cat and a Laser Pointer?” The Big Money from Slate.com, Nov. 9, 2009. Larry’s article on the U.S. Supreme Court’s critical 2009 patent case, Bilski v. Kappos, explained why a challenge to business method patents was really one that asked the fundamental questions about patents for all kinds of information age inventions, especially software. Larry’s advice to the Justices: eliminate patent protection for inventions that don’t need it.
Hearsay Culture (Stanford Radio) Larry Downes was the guest on this radio program focused on issues of law and technology in November, 2009.
“Information Age: Will The Internet Survive its 40th?” The Wall Street Journal, Nov. 1, 2009. R. Gordon Crovitz’s column on Net Neutrality quotes extensively from Larry and from “The Laws of Disruption.” “The mistake regulators and those who enable them continue to make is trying to micromanage individual technologies or applications,” Mr. Downes writes. “The bottom line is simple. Encouraging infrastructure is good; micromanaging it is bad.”
Tech Nation, November, 2009.Larry was the guest on NPR’s “Tech Nation” with Moira Gunn. Listen to a podcast here.
The Case Against the FCC’s Net Neutrality Plan. CNET News.com, Oct. 29, 2009. Larry’s provocative and much-cited editorial dismissing the FCC’s long-awaited Net Neutrality proposed rulemaking received almost 400 Diggs and over 150 Tweets.
“Tense Times for Web Phone Apps” eWeek, Oct. 4, 2009. Larry’s blog on Net Neutrality was quoted in this article by Clint Boulton on AT&T’s objections to Google Phone’s non-carrier behavior. “In that issue, I’ve already written that I don’t think Google Voice should get a free pass, and it turns out I’m not the only one who feels this way. Larry Downes, a fellow at the Stanford Law School Center of Internet and Society, wrote in his blog: ‘There’s a simple solution to all this, one that might make a rational conversation about net neutrality possible. And that is to eliminate the distinction between common carriers and everyone else. Hold everyone to the same rules regardless of what information they are transporting–whether voice, video, television, data. Because regardless of who’s doing what, these days it’s all bits.’”
October 2009 – Introducing “The Laws of Disruption” video. To watch an extended play version, click here.
“AT&T Slams Google Voice” The Washington Post, Sept. 30, 2009. The Post’s “Post I.T.” column on the Net Neutrality debate quotes from Larry’s blog. “‘Much as the FCC wishes there was still a clear distinction between ‘the Internet’ and ‘the telephone network,’ technology has obliterated that difference,’ Larry Downes, a non-resident fellow at the Stanford Law School Center of Internet and Society, wrote in his blog Tuesday.”
“The Next New—Potentially Illegal—Thing,” Inc. Magazine, May, 2009 – Larry Downes’s interview with Inc.’s Leigh Buchanan warns innovators to avoid the increasing legal pitfalls of new technology introductions.
“When Collaboration and the Law Collide,” Inc. Magazine, May, 2009 – Part Two of Larry Downes’s interview with Inc.’s Leigh Buchanan deals with legal dilemmas associated with social media.
2008
“The Legal Jungle” Columns, CIO Insight, 2005-2008 – Many of the examples and cases from “The Laws of Disruption” were first discussed in columns Larry Downes wrote for CIO Insight.
2007
“Preserve Internet Freedom…From Regulation,” CNet News.com, December 12, 2007 – Larry Downes takes an unpopular position on Net Neutrality, arguing that the cost of government interference with Internet access provisioning is almost certainly higher than the benefits.
2005
“The Commerce Clause Wakes Up,” Harvard Business Review, September, 2005 – Larry Downes reviews a 2005 Supreme Court that tested the limits of state law interference with Internet commerce.
2004
“First, Empower all the Lawyers,” Harvard Business Review, December, 2004 – Larry Downes argues that corporate legal departments are broken.  The digital age requires lawyers who are technology-savvy and active participants in corporate strategy.
2003
“Give Spammers More Information, Not Less,” USA Today, June 24, 2003 – Larry Downes’s controversial “solution” to the Spam problem.
“Unleashing Killer Architectures,” CIO, June 15, 2003 – Larry Downes describes the next-generation computing architecture and its promise for new profitability across industries.
“Dell business model turns to muscle as rivals struggle,” USA Today, January 19, 2003 – Larry Downes on the difference between a mission and a mission statement.
2002
“Free the Mouse for creativity’s sake,” USA Today, October 8, 2002 – Larry Downes’ op-ed on intellectual property and the Supreme Court.
“Size is Not a Strategy,” FastCompany, September, 2002 – This cover story on new approaches to strategy describes Larry Downes as one of “the business world’s smartest thinkers.”
“Making the Tech Slump Pay Off,” Business Week, June 24, 2002 – Larry Downes on the need to continue investing in innovation, especially during economic downturns.